In what circumstances will a police officer be able to provide direct evidence to a second officer?

Thus, for example, in one of the three consolidated cases in People v. Ramirez-Portoreal, one police officer testified at the probable cause hearing that he and a fellow officer were stationed on a rooftop. While there, the first officer watched defendant's actions on the sidewalk below through binoculars, while the second officer stood guard to make sure no one approached from the rear. As he watched, the first officer saw defendant engage in what appeared to be two separate drug sales. Both officers left the roof, got into their patrol car, and drove to defendant's location. The second officer left the patrol car and detained defendant while the first officer searched a trash pile where he had seen defendant place the drugs.

There was no testimony that the first officer communicated his observations to the second officer who detained defendant. See People v. Ramirez-Portoreal, 88 NY2d at 107. Consequently, because of the lack of such direct evidence, both the hearing court and the intermediate appeals court held that the evidence was insufficient to establish that the second officer had probable cause to detain defendant. See People v. Ramirez-Portoreal, 88 NY2d at 107-08.